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COA uses opinion to clarify sentence claims

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The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.

David King's appeal of his sentence following a guilty plea to dealing cocaine as a Class B felony in David King v. State of Indiana, No. 49A02-0802-CR-162, prompted authoring Judge Nancy Vaidik to explain inappropriate sentence and abuse of discretion claims are to be analyzed separately. King's inappropriate sentence argument also had references to the abuse of discretion standard.

Because not-for-publication opinions are showing other attorneys are making this mistake, the appellate court wanted to use this opinion to clarify that an inappropriate sentence analysis doesn't involve an argument that the trial court abused its discretion in sentencing the defendant, Judge Vaidik wrote.

Appellate courts may revise a sentence if it is found to be inappropriate in light of the nature of the offense and character of the offender. The location of where a sentence is to be served is reviewable by the appellate court, but isn't subject to a review for abuse of discretion, she continued.

In the instant case, King, who was ordered to serve six years at the Department of Correction, alleges he should have been allowed to serve his time in community corrections or "at least be given the benefit of the mental health evaluation and treatment he clearly needs," but he doesn't detail the treatment. At his sentencing hearing, the trial court noted King claimed to have multiple personality disorder, a diagnosis he made himself.

His counsel failed to present evidence of what type of treatment King allegedly needs and was confused about King's diagnosis. The attorney requested placement with a mental health component, but didn't specify that component, wrote Judge Vaidik. And, King received his medication while in jail awaiting sentencing. Because of this evidence, King failed to persuade the appellate court his placement with the DOC was inappropriate.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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